Jose L. Cejoco and Promelinda E. Cejoco, Plaintiffs-Appellees, v. Juan Cepeda Gomez, Melinda M. Gomez, by, Lena Louie, on behalf of Emilia D. Scharff (deceased) and George E. Scharff (deceased), Defendants-Appellants, CVA14-010

FLED 2u114SEP25 Pit 3: 02 SUPREME COURT GI LUJ,r,n11. IN THE SUPREME COURT OF GUAM JOSE L. CEJOCO and PROMELINDA E. CEJOCO, Plaintiffs-Appellees, V. JUAN CEPEDA GOMEZ, MELINDA M. GOMEZ, by, LENA L OUIE, on behalf of EMILIA D. SCHARFF (deceased) and GEORGE E. SCHARFF (deceased), Defendants-Appellants. Supreme Court Case No.: CVA14-010 Superior Court Case No.: CV1 147-12 OPINION Cite as: 2014 Guam 23 Appeal from the Superior Court of Guam Argued and submitted on August 11, 2014 Hagatna, Guam Appearing for Defendants-Appellants: Curtis C. Van de Veld, Esq. The Vandeveld Law Offices, P.C. Restored Historic Dungca House, 2nd Fl. 123 Hernan Cortes Ave. Hagatna, GU 96910 Appearing for Plaintiffs-Appellees: Helkei S. Hemminger, Esq. Cabot Mantanona LLP Edge Bldg., 2nd Fl. 929 S. Marine Corps Dr. Tamuning, GU 96913 Cejoco v. Gomez, 2014 Guam 23, Opinion Page 2 of 6 BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; KATHERINE A. MARAMAN, Associate Justice. CARBULLIDO, J.:Ask ⌕

[1]Lena Louie filed this appeal on behalf of her deceased parents, Defendants-Appellants Emilia D. Scharff and George E. Scharff, asking this court to vacate the trial court's Amended Partial Judgment on the ground that service of process was improper. Plaintiffs-Appellees Jose L. Cejoco and Promelinda E. Cejoco alleged that Louie has no standing, appellate review of the issue of improper service or personal jurisdiction is improper, and the Amended Partial Judgment is not a final judgment. We dismiss the appeal as premature because it does not originate from a final judgment or order, and we do not address any of the issues raised in Louie's appeal. 1. PROCEDURAL BACKGROUNDAsk ⌕⧉ cite

[2]Plaintiffs-Appellees Jose L. Cejoco and Promelinda E. Cejoco (the "Cejocos") filed a Verified Complaint against Defendants-Appellants Emilia D. Scharff and George E. Scharff ("the Scharffs").1 The Cejocos hired a process server to serve the Scharffs, but were unable to locate them. As a result, the Cejocos moved for an order for service by publication and mailing, which was granted.Ask ⌕⧉ cite

[3]Due to the Scharffs' failure to file an answer to the Verified Complaint, the Cejocos moved for a default judgment, which the clerk entered on April 15, 2013.Ask ⌕⧉ cite

[4]The Cejocos then moved for summary judgment on all seven causes of action. The trial court granted partial summary judgment on three claims, but denied the four remaining claims. Based on the record, the other named defendants ( i.e., Juan and Promelinda Gomez ) in the underlying case are not involved in this appeal. Cejoco v. Gomez, 2014 Guam 23, Opinion Page 3 of 6 Record on Appeal ("RA"), tab 38 (Am. Dec. & Order, Jan. 22, 2014).2 The court then issued a " Judgment." RA, tab 42 (Judgment, Feb. 7, 2014).Ask ⌕⧉ cite

[5]The Cejocos subsequently moved to amend the Judgment so that the caption would read "Amended Partial Judgment," asserting that the "`Judgment' can only be a partial judgment or partial summary judgment, as judgment was only entered on three of the seven claims asserted in the complaint[,] and the merits of the remaining four claims were not dismissed, disposed, or otherwise adjudicated by the Court." RA, tab 47 (Pls.' Mot. Am. Judgment & for Relief, Feb. 21, 2014 ). The trial court' s entry of the Amended Partial Judgment followed, see RA, tab 50 (Am. Partial Judgment, Mar. 5, 2014), and Louie's appeal ensued.3 II. ANALYSISAsk ⌕⧉ cite

[6]As a threshold matter, we consider whether the Amended Decision and Order, as well as the Amended Partial Judgment, are final and appealable. Whether the Amended Partial Judgment is a final judgment affects this court's jurisdiction to hear the appeal. Pia Marine Homeowners Ass'n v. Kinoshita Corp. Guam, Inc., 2013 Guam 6 111 ("We may review our own jurisdiction sua sponte and will dismiss the appeal if we find jurisdiction to be lacking." (citing People v. Angoco, 2006 Guam 18 J[ 2)). 2 The trial court issued the original Decision & Order on October 22, 2013, which the Cejocos moved to amend on November 5, 2013. RA, tab 35 (Pls.' Mot. Clarification or Recons., Nov. 5, 2013). Although the court granted the Cejocos ' motion, the substance and rulings of the original Decision and Order was left unchanged. Compare RA, tab 30 (Dec. & Order, Oct. 22, 2013), with RA, tab 38 (Am. Dec. & Order). ' Louie's Notice of Appeal mentions that she is appealing the original judgment, while her Statement of Jurisdiction and Appellant 's Brief indicate that she is appealing the Amended Partial Judgment. Compare RA, tab 52 (Notice of Appeal, Mar. 10, 2014), with Cejoco v. Gomez, CVA14-010 (Statement of Jurisdiction, Mar. 21, 2014), and Appellant ' s Br. at I (May 20, 2014). This distinction, however, has no bearing on the dismissal of this appeal because the original and amended judgments are substantively identical ( with the exception of the document title) and, as explained below, they both fail to satisfy the final judgment rule. See Dep't of Revenue & Taxation v. Civil Serv. Comm'n, 2007 Guam 17 9[15 ("The trial court's entry of a document, denominated a `Judgment,' is not dispositive to our analysis. `[Iit is the substance and effect of a judgment that determines its finality."' ); Taman Partners, LLC v. Shin, 2008 Guam 15 9[21 ("The substance of the order, and not its form or title, determines if it is appealable."). Cejoco v. Gomez, 2014 Guam 23, Opinion Page 4 of 6Ask ⌕⧉ cite

[7]It is well settled that this court's jurisdiction "is limited to those matters which the legislature permits it to review." Tumon Partners, LLC v. Shin, 2008 Guam 15 16. Statutes governing this court's jurisdiction allow for appeal upon the entry of a final judgment,4 as well as from interlocutory and other orders.5Ask ⌕⧉ cite

[8]Louie asserts that the Amended Partial Judgment is appealable as a final judgment because the trial court "dispos[ed] of the matter as to the interests of Defendants Emilia D. Scharff and George E. Scharff, terminating their interest in the subject real property ...." Appellant's Br. at 2. The Cejocos argue that the Amended Partial Judgment is not final and appealable because other un-adjudicated claims remain. See Appellee's Br. at 32-34 (June 20, 2014).Ask ⌕⧉ cite

[9]"The final judgment rule mandates that a party must ordinarily raise all claims of error in a single appeal following final judgment on the merits." Duenas v. George & Matilda Kallingal, P.C., 2013 Guam 28 1 14 (citing Angoco, 2006 Guam 18 110). "Generally limiting appellate review to final judgments reduces an appellate court's interference with a trial judge's prejudgment decisions, minimizes a party's ability to harass opponents through multiple appeals, and promotes the efficient administration of justice." Angoco, 2006 Guam 18 111.Ask ⌕⧉ cite

[10]This court has jurisdiction over "appeals arising from judgments, final decrees, or final orders of the Superior Court." §7 GCA § 3107Guam Code Annotatedstatute — binding(b) (2005). While section 3107(b) confers jurisdiction over "final orders," such jurisdiction must be viewed in light of section 3108(a), See §7 GCA § 3108Guam Code Annotatedstatute — binding(a) (2005) ("Appellate review to the Supreme Court of Guam shall be available only upon the rendition of final judgment in the Superior Court from which appeal or application for review is taken."). s See §7 GCA § 3108Guam Code Annotatedstatute — binding(b) (2005) (interlocutory review); §7 GCA § 25102Guam Code Annotatedstatute — binding (2005 ) (list of orders that may be appealed); Guam R. Civ. P. 54(b) (trial court's certification for appeal based on the grant of partial summary judgment ). Louie did not file for permission to file an interlocutory appeal in accordance with Guam Rules of Appellate Procedure ("GRAP") Rule 4.2 or seek GRAP 54(b) certification. Cejoco v. Gomez, 2014 Guam 23, Opinion Page 5 of 6 which creates the availability of appellate review only "upon the rendition of final judgment in the Superior Court from which appeal or application for review is taken." §7 GCA § 3108Guam Code Annotatedstatute — binding(a); see also A.B. Won Pat Guam Int'l Airport Auth. v. Moylan, 2004 Guam 119 (citing Merchant v. Nanyo Realty, Inc., 1997 Guam 16 13). "Section 3108(a) is a codification of the final judgment rule which mandates `that a party must ordinarily raise all claims of error in a single appeal following final judgment on the merits."' Angoco, 2006 Guam 18 1 10 (quoting Flanagan v. United States, ⟂465 U.S. 259Persuasive authoritynon-Guam — not binding under the reception rule, 263 (1984)). A final judgment is defined as "the final determination of the rights of the parties in an action or proceeding." §7 GCA § 21101Guam Code Annotatedstatute — binding (2005); Moylan, 2004 Guam 1121. "In other words, to appeal an order as a final judgment, the order must have the effect of disposing of the case and must be reduced to a final judgment." Angoco, 2006 Guam 181 10. "We strictly construe the statutes defining our appellate jurisdiction." Id. I 11 (citing People v. Natividad, 2005 Guam 281 1).Ask ⌕⧉ cite

[11]In this case, neither the trial court's Amended Decision & Order nor its Amended Partial Judgment is a final judgment because neither of them has the effect of disposing of the underlying case. See RA, tab 50 (Am. Partial Judgment); RA, tab 38 (Am. Dec. & Order). Specifically, partial summary judgment was granted in favor of three out of the seven causes of action, leaving four remaining causes of action undisposed: (1) to set aside judgment entered in CV1651-96; (2) Fraud; (3) Breach of Express and Implied Warranties; and (4) Conversion. See RA, tab 38 (Am. Dec. & Order). Thus, because the merits of the four remaining claims have yet to be adjudicated, the underlying case is left unresolved in its entirety. We therefore find that the Amended Decision & Order, as well as the Amended Partial Judgment, are not final and appealable. Cejoco v. Gomez, 2014 Guam 23, Opinion Page 6 of 6 III. CONCLUSIONAsk ⌕⧉ cite

[12]Based on the above, we lack jurisdiction to address the instant appeal under §7 GCA § 3108Guam Code Annotatedstatute — binding(a). We therefore need not address any of the issues raised in the appeal; in particular, whether service of process was proper in the underlying case. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction. Origin!S iged : F. Philip Carbullido F. PHILIP CARBULLIDO Associate Justice OT ,steed: KatherineA. Maraman KATHERINE A. MARAMAN Associate Justice original signed. Robert J. Torres ROBERT J. TORRES Chief Justice I do hereby certify that the foregoing is a full tirnuethe oflkseofct the ccler tkheof t ee on "is Supreme Court of Guam 2014 By: IMELDA S. DUENAS Assistant Clerk of Court Supreme Court of GuamAsk ⌕⧉ cite